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TRANSFER.

or means whereof any action, suit, or other legal or equitable proceeding, means or expedients to be commenced, sued, prosecuted or taken Mortgage in fee. by the said (assignee), his heirs, executors, administrators or assigns, for the recovery or obtaining payment of the said sum of L and interest, or possession of the said premises, or any part thereof respectively, shall or may be vacated, discharged, released,

frustrated, retarded, or impeded in any manner howsoever. AND That he hath further that he the said (mortgagee) now hath in himself good right, right to transfer. full power, and lawful and absolute title and authority to bargain,

sell and assign the said principal sum of £

ance.

and the interest thereof, and all arrears thereof, and the several hereinbefore in part recited securities for the same, unto the said (assignee), his execu tors, administrators and assigns, and also to grant, bargain, sell, release and assure the several messuages, lands, tenements, hereditaments, and premises unto the said (assignee), his heirs and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. AND moreover that he the said (mortgagee), Further assurhis heirs, executors, and administrators, and all and every person or persons now or at any time hereafter claiming by, from, under, or in trust for him or them, shall and will from time to time, and at all times hereafter, upon the request, and at the costs and expense of the said (assignee), his heirs, executors, administrators or assigns, make, do, and execute, or cause and procure to be made, done, and executed all and every such further and other acts, deeds, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely or satisfactorily assigning, transferring, and assuring the said mortgage-debt, securities, and premises hereinbefore assigned, and granted and released, or otherwise assured, or mentioned or intended so to be, subject only to such equity or right of redemption of the said (mortgagor) as aforesaid, unto the said (assignee), his heirs, executors, administrators, and assigns, according to the nature and quality of the same respectively, for his and their absolute use and benefit, in such manner and form as he or they, or his or their counsel in the law shall reasonably advise or require (1). IN WITNESS, &c.

(1) Where the mortgagor is a party, he is sometimes required to enter Covenant for into a covenant for payment of the money to the assignee; but, as he payment of the has already covenanted in the mortgage deed to pay the money to the money. mortgagee, his executors, administrators, or assigns, and as by his being a party to the deed he expressly acknowledges the assignee to be the

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assign of the mortgagee, this does not seem necessary. Where, how. Mortgage in fee. ever, the mortgagor is dead, and his heir consents to join in the transfer, such a covenant would be an additional security to the assignee, and may therefore, with great propriety, be inserted; the form will be similar to that given post. p. 798; but it is to be observed, that this cove nant by the heir will not make his personal estate first liable, it being considered only as an additional and collateral security; see Bagot Oughton, 1 P. Wms. 347; Evelyn v. Evelyn, 2 ib. 659; Shafte v. Shafto, cited ib. 664.

Stamp.

As to the stamp requisite on the transfer of a mortgage, see ante, "STAMP", Schedule.

* Rider A.

Variations in the preceding Transfer of Mortgage where a further sum is advanced by the Transferree (see ante, p. 794. n. (1)).

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Mortgage in fee (further sum).

Proviso for re

demption on re

money borrow

payment of the

ed.

If a further sum is advanced by the assignee of the mortgage, instead of saying "SUBJECT nevertheless," &c. as ante, p.794, marg.* say, freed and Subject to reabsolutely discharged of and from the said proviso or agreement for re- demption. demption of the said premises contained in the said hereinbefore in part recited indenture, but SUBJECT nevertheless to the proviso or agreement for that purpose hereinafter contained (1); (that is to say,) PROVIDED ALWAYS, nevertheless, and it is hereby declared and agreed to be the true intent and n.eaning of these presents; and the said (new mortgagee) for himself, his heirs, executors and administrators, doth hereby covenant, promise, declare, and agree with and to the said (mortgagor), his heirs, executors, administrators and assigns, that if the said (mortgagor), his heirs, executors, administrators, or assigns, or any person or persons on his or their behalf, do and shall well and truly pay, or cause to be paid, unto the said (new mortgagee), his executors, administrators, or assigns, at or in the common dining hall of Lincoln's Inn, in the county of Middlesex, between the hours of ten and twelve of the clock in the day-time, the full and clear sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, with interest for the same, after the rate of £5 for every £100 by the year of like lawful money, upon the days, and in the manner next hereinafter mentioned (that is to say) the sum of £ being one half year's interest of or for the said sum of £ after the rate aforesaid, on the

of

next ensuing the date of these presents, and the sum of £

day

(1) Although no further sum be advanced, yet this part of the form may remain, as the Proviso for reeffect of it will be to give to the mortgagor a legal right of redemption until the time limited demption.

in the proviso, but without which (the time for payment mentioned in the first mortgage being

past) his right to redeem would be only equitable.

SUP.-VOL. III.

3 G

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being the said principal sum of £

and one other half year's inMortgage in fee terest of or for the same, after the rate aforesaid, on the (further sum).

the securities.

day of with

then next following, and which will be in the year out any deduction or abatement whatsoever, for or by reason of any taxes, charges, assessments, cause, matter, or thing whatsoever, then and in such case he the said (new mortgagee), his heirs and assigns, shall and will, from and immediately, or at any time after such full payment and satisfaction shall be so made as aforesaid, upon the request, and at the costs and expence of the said (mortgagor), his heirs, executors, administrators and assigns, convey and effectually assure all and singular the messuages, lands, tenements, hereditaments, and premises hereby granted and released, or mentioned or intended so to be, with their and every of their appurtenances, for all his, her, and their estate, right, title and interest therein and thereto under or by virtue of these presents, unto and to the use of the said (mortgagor), his heirs and assigns, or otherwise as he or they shall direct or appoint; and that free and clear of and from all intermediate and other charges and incumbrances whatsoever, made, executed, or knowingly occasioned or suffered by the said (new mortgagee), his heirs, executors, administrators, or assigns, or any person or persons lawfully or equitably claiming or entitled to claim And deliver up from, under, or in trust for him, them, or any of them. AND from and after such last-mentioned payment shall be so made, shall and will deliver up unto him the said (mortgagor), his heirs or assigns, these presents, and the said hereinbefore in part recited bond, and all and every the deeds, muniments, and writings mentioned in the schedule hereunder written, uncancelled and undefaced, (damage by fire, or other inevitable accident only excepted,) and also shall and will if thereunto required, sign, and give a proper, sufficient, and satisfactory receipt or acknowledgment for the said sum of £ and interest, to be indorsed on the back of these presents; [add covenant by original mortgagee that he has not incumbered (1).] AND the said (mortgagor) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, declare and agree with and to the said (new mortgagee), his executors, administrators, and assigns, in the manner following, (that is to say) that he the said (mortgagor), his heirs, executors, or administrators, shall and will well and truly pay, or cause to be paid unto the said (new mortgagee), his executors, administrators, and assigns, the said principal sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, with interest for the same, after the rate of £5 of like lawful money for every £100 by the year, at and upon the days and times, and in the manner hereinbefore appointed for payment of the

Covenant by the payment of the

mortgagor

money.

(1) See ante, p. 585. 604.

same respectively, and according to the true intent and meaning of the same proviso, and of these presents; and also shall and will in the mean time, and until full payment and satisfaction thereof, well and truly pay, discharge, and satisfy all and all manner of taxes, rates, duties, and assessments whatsoever, which now are, or at any time or times hereafter shall or may be imposed or charged upon, or payable in respect of, the hereditaments and premises hereby granted and released, or intended so to be, or any of them, or the said sum of £

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Mortgage in fee (further sum).

And taxes, &c. in

the mean time.

Covenant by mortgagor that he and original mortgagee are

seised in fee.

or the interest thereof, or upon the said (new mortgagee), his heirs, executors, administrators, or assigns, in respect of the said hereditaments, monies, and premises, or any of them, by authority of Parliament, or otherwise howsoever, and whether such taxes, rates and assessments shall be in the nature of those now in being or not, and shall and will protect, save harmless, and keep indemnified the said (new mortgagee), his heirs, executors, and administrators, of, from, and against the same, and all penal. ties, forfeitures, losses and expenses, which shall or may be incurred or arise by reason of the non-payment thereof, or any of them. AND the said (mortgagor) doth hereby in manner and form aforesaid further cove nant and declare, that they the said (mortgagor) and (original mortgagee) at the time of the sealing and delivery of these presents [are, or one of them is lawfully, rightfully and absolutely seised in their or his demesne as of fee, of and in all and singular the messuages, lands, tenements, hereditaments, and premises hereby granted and released, or mentioned or intended so to be, as of, in, and for a good, perfect, clear, absolute and indefeasible estate of inheritance in fee-simple in possession, without any manner of condition, trust, or qualification, restriction, matter or thing whatsoever, otherwise than as hereinbefore is particularly set forth or recited. AND also that they the said (mortga- Have right to gor) and (original mortgagee)] now have in themselves, or one of them hath in himself full power and lawful and absolute right and title to grant, bargain, sell, release, and assure all and singular the same hereditaments and premises unto and to and for the use and benefit of the said (new mortgagee), his heirs and assigns, in the manner aforesaid and according to the true intent and meaning of these presents. AND further that in case default shall That the morthappen to be made in payment of the said sum of £ or of the in- gagee shall quietly enjoy terest thereof, or of any part of the same respectively, contrary to the after default. proviso and covenant hereinbefore contained for payment of the same, it shall and may be lawful for the said (new mortgagee), his heirs and assigns, and he and they are hereby expressly authorized and empowered, immediately and at all times thereafter, to enter into and upon, and hold, retain and enjoy all and singular the same hereditaments and premises, and receive and take the rents, issues, and profits thereof, to and for his and their own use and benefit, without any manner of hindrance,

convey.

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